Internal investigations can be complex and time-consuming, requiring plenty of resources, expertise, and objectivity. Outsourcing investigations to third-party firms can be an attractive option for many companies. However, as with any business decision, outsourcing has pros and cons.

Pros of Outsourcing Internal Investigations

  1. Expertise: Outsourcing these investigations to a third-party firm can provide access to experts who specialize in conducting corporate investigations. These firms have a wealth of experience in conducting investigations and can provide valuable insights into best practices for managing investigations. They can also provide guidance on legal and regulatory compliance, which is critical in ensuring that investigations are conducted in a legally sound and ethical manner.
  2. Objectivity: One of the primary benefits of outsourcing investigations is the ability to maintain objectivity. Investigations can be emotionally charged and potentially divisive, particularly when they involve high-ranking executives or sensitive issues. Outsourcing investigations to an independent third party can help ensure that the investigation is conducted in an objective and unbiased manner, which is important for maintaining the integrity of the process.
  3. Efficiency: Outsourcing investigations can also lead to increased efficiency. Investigations can be resource-intensive, and outsourcing can free up internal resources to focus on other critical areas of the business. In addition, third-party firms have streamlined processes and systems in place for conducting investigations, which can help ensure that the investigation is completed in a timely and efficient manner.
  4. Confidentiality: Outsourcing investigations to a third-party firm can also help ensure confidentiality. Investigations can be sensitive, and maintaining confidentiality is critical in protecting the reputation of the company and the privacy of the employees involved. Third-party firms have strict confidentiality policies and procedures in place to protect sensitive information, which can help ensure that the investigation is conducted discreetly and confidentially.

Cons of Internal Investigations

  1. Cost: Outsourcing investigations can be expensive. Third-party firms typically charge high fees for their services, which can be a significant financial burden for companies. In addition, the cost of outsourcing can be unpredictable, as the scope and duration of the investigation can vary widely depending on the complexity of the case.
  2. Lack of familiarity with the company: Third-party firms may lack familiarity with the company’s internal processes, culture, and history, which can make it more difficult to conduct an effective investigation. They may also lack access to critical information and key personnel, which can hinder their ability to gather the necessary evidence to conduct a thorough investigation.
  3. Perception of outsourcing: Outsourcing can sometimes be perceived as a negative signal by employees, shareholders, and the public. It can be seen as an indication that the company lacks the expertise or resources to handle investigations internally, which can erode trust and confidence in the company’s leadership.
  4. Legal and regulatory risk: Outsourcing can also pose legal and regulatory risks. Companies have a legal obligation to conduct investigations in a legally sound and ethical manner, and if the third-party firm is not properly qualified or experienced, it can lead to legal and regulatory compliance issues. In addition, if the third-party firm is not properly licensed or authorized to conduct investigations, it can expose the company to liability and reputational damage.

Outsourcing investigations can provide several benefits, including access to expertise, objectivity, efficiency, and confidentiality. However, it also poses several challenges, including cost, lack of familiarity with the company, negative perceptions, and legal and regulatory risks. Companies should carefully weigh the pros and cons before deciding to outsource investigations.

It’s worth noting that internal investigations are often related to commercial litigation and commercial disputes. In these cases, outsourcing can be particularly beneficial, as it can help ensure that the investigation is conducted in an objective and legally sound manner.

The decision to outsource investigations is a complex one that depends on a variety of factors, including the nature of the investigation, the resources and expertise available internally, and the cost-benefit analysis.

Get Ready to Outsource Your Investigations

While outsourcing can provide many benefits, it’s important to consider the potential downsides as well. Companies should weigh the pros and cons carefully and ensure that they choose a third-party expert, like Justice Scott Bales, who has the necessary expertise, objectivity, and regulatory compliance to conduct an effective investigation. By doing so, they can ensure that justice is served and that their reputation and legal standing are protected.

Leave a Reply